The champion dog died.
On September 8th, 2006, Yang Zhonglin and his wife bought a 72-day-old black Song Shiquan from Kunming and Qihe kennel. This little black Song Shiquan participated in the first World Famous Dog Competition in Kunming in August 2006 and won the puppy championship, which is why he spent 75,000 yuan on this puppy!
At the beginning of 2007, the little black squirrel was pregnant. Yang Zhonglin and his wife took care of it, and they would take it to the pet hospital regularly. "B-ultrasound examination showed that there were 4 puppies on the night of June 65438+April 2009 19, and the little black squirrel successfully gave birth to the first live puppy in the family. But the second one arrived, and dystocia appeared. Then they took the little black squirrel to the pet hospital for regular check-ups.
"At that time, the dog's condition was quite urgent. We told him that if the operation was possible, he would die without it. 1 veterinarian Li said that the paparazzi were required to broadcast live at that time. After being informed of the operation risk, two veterinarians in the clinic immediately performed a caesarean section for the black squirrel. After the operation, the stuck cub was successfully taken out and the other two survived successfully. Yang Zhonglin happily took the little black squirrel and two little bears home.
However, on the 8th day after delivery, Mr. and Mrs. Yang Zhonglin found that there was fluid flowing from the wound, and then the little black squirrel began to have a high fever. After treatment, the little black lion finally died on the afternoon of May 2, and the cause of death was postpartum infection and poisoning shock. "After the bitch died, two of the three puppies starved to death because they refused to eat other milk. +0.
The price of the dog cannot be valued.
Seeing that his pet dog was almost "destroyed", on August 2 1 last year, two veterinarians, Li and Qiao, were brought to court by a complaint, demanding that they compensate all the losses ***2 1839 1.22 yuan, of which the value of the little black lion was1.
When the court heard the case for the first time, both parties applied to the court for an appraisal of the value of the dog. After the trial yesterday, the judge announced that Tianyu Judicial Appraisal Center had replied to the court after accepting the entrustment. "Because the identification scope of our center is to identify the human body, there is no relevant identification standard reference for animal identification, so our center can't complete the identification as required, so we refuse it."
Because the identification center can't identify dogs, the distribution of burden of proof, the fault of medical behavior and the evaluation of dog price have once again become the focus of controversy in yesterday's trial.
Dog owner: Veterinarians practice medicine illegally.
Yang Zhonglin's attorney, lawyer Xie Jiaxi of Yunnan Classic Sunshine Law Firm, believes that in Kunming, Song Shiquan's transaction record was 250,000 yuan, and the dog's conservative market value was 6.5438+0.6 million yuan after being evaluated by professionals in the industry before his death.
Regarding whether there is a causal relationship between the dog's death and the veterinarian's medical behavior, Lawyer Xie said: This is an infringement lawsuit caused by medical behavior. According to the law, medical institutions should bear the burden of proof. If the hospital can't prove that the patient's damage has nothing to do with itself, the hospital's liability for compensation will be inevitable.
At the same time, Mr. Xie suggested that the two veterinarians were seriously at fault in the process of diagnosis, treatment and nursing of black grouse. They performed caesarean section for Hei Song Shiquan without the Animal Clinic License and the qualification to perform caesarean section for animals, which was illegal medical practice and failed to fulfill the reasonable nursing obligation after operation. After the operation, the veterinarian did not "stay in the hospital for observation" as usual, but directly informed the owner to take the dog home for care, which eventually led to the death of the dog after the operation.
Veterinarian: There is nothing wrong with us.
"We don't admit that we are not qualified to practice medicine. We have no fault in this matter." 1 In court, two veterinarians thought, "We are not operating without a license. After our animal clinic license expired, the new license was not renewed until May 2007. During the replacement period, we all operated legally according to the business scope on the original license and did not violate relevant laws and regulations. There is no out-of-range operation. I didn't see the new certificate at that time, and I didn't know that our caesarean section qualification was cancelled. "
At the same time, two veterinarians advised the puppy to come to the clinic for treatment during dystocia, and the situation was very critical. At that time, Yang Zhonglin was told that the operation was risky and he had to sign an agreement before the operation. At that time, he signed an agreement, and the bitch gave birth to two puppies, both of which walked out of the clinic alive. "Then the dog died, which was caused by improper care and infection."
In view of Yang Zhonglin's compensation of more than 265,438+10,000 yuan, the two veterinarians thought it was "groundless" and "the plaintiff had no evidence to prove that the dead dog was a champion dog. Moreover, the bitch was dystocia at that time, and its physical quality can be imagined, and its value can be inferred. "
After the trial in the morning, due to the great differences between the two sides, mediation could not be reached, and the judge finally announced the election of the verdict. (paragraph) according to
Editor: It is difficult to have a standard for determining the price of dogs.
Because people's living standards have improved, there are more things about dogs. Usually, a dog will howl and scare its children. Adults will say to dog owners, take care. It's nothing to go to court because the dog was killed or the mother and son died after giving birth. Search online can find more strange cases, such as the claim of being hit by a dog when going to the toilet, the claim of being tripped by a dog when riding an electric car and so on.
Why find some negative examples? It is said that people-oriented, dog affairs are ultimately personnel, and it is also a kind of people-oriented dog. There is nothing wrong with "mother and child dying" when the dog is born, just because there is no medical appraisal center for dogs now. People who have died or died because of medical accidents can legally judge compensation according to the current minimum income standard, not to mention that different appraisal centers will identify different appraisal results for the same thing. Not to mention the price of dogs, what dogs are worth, and there are no clear standards in the current legal provisions or dog-raising regulations. The evaluation of dog price can only be determined according to the market situation and relevant professionals, and such determination cannot be regarded as authoritative determination. It's really embarrassing for you to let the appraisal center appraise whether your dog is worth tens of thousands of yuan or hundreds of yuan.
If we really want to tell the truth about the evaluation of the dog price, as long as we set a standard for the dog price, want to go to court to distinguish the responsibility for the accident, and then judge according to the standard, the trial of the case will be much simpler.